How We Can Help
Easements affect how you can use your property and what others can do on it. We handle easement creation, interpretation, and disputes.
Key Takeaways
- Prescriptive easements require 15 years of open, continuous use without permission
- Appurtenant easements transfer automatically with the property
- In gross easements (like utility easements) benefit entities regardless of property ownership
- You cannot unreasonably interfere with a valid easement
- Easement by necessity requires the property was once part of a larger parcel
- Written easement agreements should address maintenance, scope, and termination
Types of Easements
By Purpose
- Access easements – Rights of way for driveways, roads, or paths
- Utility easements – For power, water, sewer, gas, or telecommunications
- Drainage easements – For water flow and storm drainage
- Conservation easements – Restricting development for preservation
- View easements – Protecting sight lines
By Creation
- Express easements – Created by written agreement or deed
- Implied easements – Created by circumstances when property is divided
- Prescriptive easements – Created by long, open, continuous use
- Easements by necessity – For landlocked parcels
Easement Services
Easement Creation
- Drafting easement agreements
- Negotiating access rights with neighbors
- Creating maintenance and cost-sharing provisions
- Recording easement documents
Easement Analysis
- Reviewing existing easements before purchase
- Interpreting easement scope and limitations
- Identifying who maintains what
- Determining if an easement can be modified or terminated
Easement Disputes
- Scope disputes – what uses are allowed
- Location disputes – where the easement runs
- Maintenance disputes – who repairs and pays
- Interference claims – blocking permitted use
- Abandonment – has the easement ended
Key Easement Considerations
When Buying Property
Always review title for existing easements. Understand:
- What uses are permitted
- Where exactly the easement runs
- Who is responsible for maintenance
- Whether it affects your planned use of the property
When Granting an Easement
Be specific about:
- Exact location and dimensions
- Permitted uses and restrictions
- Maintenance responsibilities
- Whether it's permanent or terminates
- Insurance requirements
Terminating Easements
Easements can end through:
- Express release by the easement holder
- Merger (same person owns both properties)
- Abandonment (non-use plus intent to abandon)
- Expiration of stated term
- Changed conditions making use impossible
Common Easement Mistakes
Avoid these errors that can cause problems:
- Vague easement language: Disputes often arise from unclear scope or location
- Not recording easements: Unrecorded easements may not bind future owners
- Building on easement areas: Structures may have to be removed
- Ignoring existing easements: Review title before buying to understand burdens
- Verbal easement agreements: Get it in writing and recorded
Real Property Services
Related Services
Easement Question?
We can help you understand your rights.
Frequently Asked Questions
Common questions about easements
What is an easement?
A legal right to use someone else's property for a specific purpose—like a driveway, utility lines, or drainage. The owner keeps ownership but must allow the permitted use.
What's the difference between appurtenant and in gross easements?
Appurtenant easements benefit a specific property and transfer with it. In gross easements benefit a person or entity regardless of property ownership (like utility easements).
Can I block someone's easement?
Generally no. You can't unreasonably interfere with valid easement rights. But you can require use stays within its defined scope.
How do I get an easement for property access?
Negotiate with the neighbor, claim easement by necessity if landlocked, or establish prescriptive easement after 15+ years of open use.
What is a prescriptive easement?
An easement gained through 15 years of continuous, open use without permission—for access rights rather than ownership.
Can an easement be terminated?
Yes—through express release, merger (same person owns both properties), abandonment, expiration, or changed conditions.
Who maintains an easement?
Usually the easement holder, unless the agreement says otherwise. Written agreements should address maintenance clearly.
Can I build on an easement area?
Generally no. Building on an easement may interfere with the holder's rights and could result in court-ordered removal.
Serving Clients Across Central Oklahoma
Goodnight Law helps families, personal representatives, property owners, and small businesses throughout the Oklahoma City metro.